Automobile Finance Co. v. Reese

Citations

• 73 Pa. Super. 550
• 1920 Pa. Super. LEXIS 64

Syllabus

<p>Replevin — Pleadings—Counterbond—Valuation of goods by defendant — Rsioppel.</p> <p>Under the provisions of the Replevin Act of April 19, 1901, P. L. 88, the defendant may file a counterbond “in the same amount as the original bond and with like conditions.” The filing of such a counterbond does not mean, however, that the defendant has assented to the valuation fixed by the plaintiff. He merely files the bond in that amount in order to comply with the act and does not do so voluntarily. His assent, in order to bind himself must be his voluntary act, and that assent is given when he has an opportunity to be heard at the trial of the case.</p> <p>The plaintiff is bound by' the value he has set, and; therefore cannot enhance the value at the trial, but the defendant can produce testimony to show a less value, and.the ultimate determination of the question is with the jury.</p> <p>Trials — Charge of the court — More specific instructions.</p> <p>If counsel at a trial desire that the attention of the jury be more specifically directed to particular questions raised by the evidence than was done by the court in the general charge, or if he regards the instructions as inadequate, he should call the attention of the court to such matters at the time of the trial.</p>